Cheque bounce sec 138
House constructed by a contractor who has claimed a case that total calculation of construction has a pending amount of 6,00,000 to be paid. By a section 138 act of cheque bounce.
The cheque was given by the owner of the property before returning the money. And infact have paid it and registered a mortgage title deed that states " received by the lender amount of 6,00,000 by cash.
After this the owner has asked to return the blank cheques as they had now returned the money but the lender denied to return the cheque and progonged it saying it was of no use and that he would return it sometime. The owner ignored it as they are family relatives.
Hence the cheque was not cancelled.
But now the contractor has stated that the owner issued the cheque a month ago and on.presenting it, the cheque has been bounced. And that the owner is liable to pay the 6,00,000 which the owner has already paid through the mortgage deed.
The case has been filed stating the 6,00,000 used by the contractor himself during the difficulty times of the owner while construction, is pending. And that amount has to be deposited in the bank in 15 days.
1. The owner failed to cancel the cheque immediately after the money was returned.
2. I wonder how the contractor remained quiet for over a year after the cheque was issued to go present it now a month ago.
3. No contractor builds a house without money in advance to buy materials. (Which was what the owner burrowed from the contractor- 6,00,000)
The contractor is trying to cheat the owner by asking for something that has already paid.
Except for the fact that, the only proof the owner has is the mortgage title deed, and the mistake is he didn't cancel the cheque.
What can be done in this case ?